Board of Directors

The “Board of Directors” category contains articles of information that is pertinent to topics relating to a homeowner association’s board of directors.

“Open” vs “Executive Session” Meetings of an HOA’s Board of Directors

/ Board of Directors
“Open” vs “Executive Session” Meetings of an HOA’s Board of Directors Perhaps because homeowners associations are often viewed and characterized as private governments or quasi-public bodies, most meetings of the board of directors of a homeowners association are required to be open to attendance by the association’s members and state ...
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8 Steps HOA Boards Can Take to Minimize the Risk of Fraud & Embezzlement

/ Board of Directors, Finances
8 Steps HOA Boards Can Take to Minimize the Risk of Fraud & Embezzlement Because they rely heavily on volunteer homeowners with varying background experience and limited time that is devoted to providing services as a director, Homeowners Associations are extremely vulnerable to financial damage as a result of criminal ...
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8 Steps HOA Boards Can Take to Minimize the Risk of Fraud & Embezzlement

/ Board of Directors, Finances
8 Steps HOA Boards Can Take to Minimize the Risk of Fraud & Embezzlement Because they rely heavily on volunteer homeowners with varying background experience and limited time that is devoted to providing services as a director, Homeowners Associations are extremely vulnerable to financial damage as a result of criminal ...
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An Effective Strategy for Dealing with “Out-of-Control” Board Members

/ Board of Directors
An Effective Strategy for Dealing with "Out-of-Control" Board Members It is not uncommon for homeowners associations to have certain volunteer members that appear to have control over the entire operations of their homeowners association. This typically occurs when such members have been elected to the board of directors year after ...
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Association Member Rights to Speak at Board of Director Meetings

/ Board of Directors
Association Member Rights to Speak at Board of Director Meetings The rules pertaining to a homeowner association member’s rights to speak at meetings of the Association’s board of directors will be defined by the laws of the state where the association is located and the provisions contained in the association’s ...
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Association Member’s Attorney Properly Excluded from Board of Directors Meeting

/ Board of Directors, Case Decisions
Association Member's Attorney Properly Excluded from Board of Directors Meeting A California Fourth Appellate District Court ruled that a homeowners association properly excluded a member’s attorney from a meeting of the association’s board of directors. After the association’s board of directors refused to allow a member’s attorney to attend a ...
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CA Ct. Says Protections of “Business Judgment Rule” Require Showing of Reasonable Diligence

CA Ct. Says Protections of “Business Judgment Rule” Require Showing of Reasonable Diligence This case involved an action by a homeowners association (“Association”) against an individual homeowner and pertains to claims relating to actions that she took while serving as an officer and director of Association. Association alleged that the ...
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California Court Clarifies “Business Judgment Rule” re Personal Liability of Directors

California Court Clarifies “Business Judgment Rule” re Personal Liability of Directors by Lawrence Szabo, Esq. | Apr 3, 2014 Unpublished California Appellate Court decision (entered April 2, 2014): This case involved an action by an owner against the Association and individual members of the Association’s board of directors based on ...
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Colorado Ct. Says HOA Can be Enjoined From Holding Special Board Meetings Without Proper Notice

/ Board of Directors, Case Decisions
Colorado Ct. Says HOA Can be Enjoined From Holding Special Board Meetings Without Proper Notice In this case, the owners of several separate interests within a common interest community sought injunctive relief from the court in an effort to enjoin the homeowners association from conducting special meetings of the board ...
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Court Says Association’s Architectural Review Decision is Protected by Business Judgment Rule

Court Says Association's Architectural Review Decision is Protected by Business Judgment Rule This case involved a dispute between husband and wife homeowners ("Owners") and their homeowners association ("Association") over Association's denial of their request to construct a garage on their property. The proposal by Owners was to construct a three-car ...
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Court Says Association’s Actions Were Protected by the “Business Judgment Rule”

/ Board of Directors, Case Decisions
Court Says Association’s Actions Were Protected by the “Business Judgment Rule” New York Supreme Court, Appellate Division decision (October 18, 2017). In this case homeowners sued their homeowners association and the individual members of the association’s board of directors for damages based on claims of breach of contract and breach ...
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Court Says Association’s Actions Were Protected by the “Business Judgment Rule”

/ Board of Directors, Case Decisions
Court Says Association’s Actions Were Protected by the “Business Judgment Rule” In this case homeowners sued their homeowners association and the individual members of the association’s board of directors for damages based on claims of breach of contract and breach of fiduciary duties.  Interestingly, the plaintiffs’ claims against the association ...
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Court Says HOA Cannot Exclude Director from Executive Session Meetings

Court Says HOA Cannot Exclude Director from Executive Session Meetings In this case, the board of directors of a homeowners association passed a motion to exclude a fellow board member who had been elected to the board by the homeowners from attending the board’s HOA executive session meetings. Such action ...
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Court Says HOA Member has Right to Criticize HOA

Court Says HOA Member has Right to Criticize HOA This case involved a dispute between a homeowners association ("Association") and a homeowner member ("Owner") over: (i) The imposition of fines against Owner for the purpose of penalizing him for expressing his opinions about Association's management practices; (ii) Claims by Owner ...
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Court Says Non-Members of an HOA Lack Standing to Challenge HOA

Court Says Non-Members of an HOA Lack Standing to Challenge HOA This case involved an issue as to whether or not two homeowners associations who brought suit against the City of Charlotte and others had standing to bring the action because the filing of the lawsuit had not been done ...
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